SCHEDULES

SCHEDULE 18Amendments relating to Article 15(1) to (4) etc

Article 15(5)

PART 1Acts of the Parliament of the United Kingdom

Arbitration (International Investment Disputes) Act 1966

I11

1

Amend the Arbitration (International Investment Disputes) Act 1966477 as follows.

2

In section 8 (application to Northern Ireland) after paragraph (b) insert—

c

in relation to the power by order under section 3 to direct that provisions of the Arbitration Act 1996478 shall apply to such proceedings pursuant to the Convention as are specified in the order, being proceedings taking place in Northern Ireland, for the reference in that section to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland;

d

section 3(3)(b) shall not apply to an order made by the Department of Justice in Northern Ireland under section 3; but any such order shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

Annotations:
Commencement Information
I1

Sch. 18 para. 1 in force at 12.4.2010, see art. 1(2)

Misuse of Drugs Act 1971

I22

Amend the Misuse of Drugs Act 1971479 as follows.

Annotations:
Commencement Information
I2

Sch. 18 para. 2 in force at 12.4.2010, see art. 1(2)

I33

In paragraph 21 of Schedule 3 (application to Northern Ireland), in the entry for paragraph 13—

a

after “Minister of Home Affairs for Northern Ireland” insert “and for any reference to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland”;

b

in the inserted sub-paragraph (3) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”.

Annotations:
Commencement Information
I3

Sch. 18 para. 3 in force at 12.4.2010, see art. 1(2)

Maintenance Orders (Reciprocal Enforcement) Act 1972

I44

Amend the Maintenance Orders (Reciprocal Enforcement) Act 1972480 as follows.

Annotations:
Commencement Information
I4

Sch. 18 para. 4 in force at 12.4.2010, see art. 1(2)

I55

In sections 14(2)(b) and 38(3)(b) (obtaining evidence) for “Parliament” substitute “the Northern Ireland Assembly”.

Annotations:
Commencement Information
I5

Sch. 18 para. 5 in force at 12.4.2010, see art. 1(2)

I66

1

Amend section 48 (special provisions relating to Northern Ireland) as follows.

2

Omit subsection (1).

3

After subsection (5) insert—

6

In the application of this Act to Northern Ireland, for any reference to the Lord Chancellor (including any reference which is treated as a reference to the Lord Chancellor, but not including any such reference in section 49(2)) there shall be substituted a reference to the Department of Justice in Northern Ireland.

Annotations:
Commencement Information
I6

Sch. 18 para. 6 in force at 12.4.2010, see art. 1(2)

Litigants in Person (Costs and Expenses) Act 1975

I77

Amend the Litigants in Person (Costs and Expenses) Act 1975481 as follows.

Annotations:
Commencement Information
I7

Sch. 18 para. 7 in force at 12.4.2010, see art. 1(2)

I88

For section 1(5) (costs or expenses recoverable: application to Northern Ireland) substitute—

5

In the application of this section to Northern Ireland—

a

in subsection (1)—

i

the expressions “county court”, “the High Court” and “the Court of Appeal” shall have the meanings respectively assigned to them by section 29(1) of the Northern Ireland Act 1962482;

ii

the reference to the Lord Chancellor shall be construed as a reference to the Department of Justice in Northern Ireland;

b

in subsection (3) for “by statutory instrument” to “Parliament” there is substituted “by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979483; and is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954484”.

Annotations:
Commencement Information
I8

Sch. 18 para. 8 in force at 12.4.2010, see art. 1(2)

Aircraft and Shipbuilding Industries Act 1977

F19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Judicature (Northern Ireland) Act 1978

I910

Amend the Judicature (Northern Ireland) Act 1978486 as follows.

Annotations:
Commencement Information
I9

Sch. 18 para. 10 in force at 12.4.2010, see art. 1(2)

I1011

1

Amend section 3 (the Court of Appeal) as follows.

2

Omit subsection (5).

3

For subsection (6) substitute—

6

The Department of Justice may by order from time to time create divisions or additional divisions of the Court of Appeal or provide any division be abolished; and any such order—

a

may contain such provision as may appear to the Department to be necessary or proper for that purpose; and

b

may amend or repeal any statutory provision (including any provision of this Act) so far as it appears to the Department to be necessary or expedient in consequence of the order.

Annotations:
Commencement Information
I10

Sch. 18 para. 11 in force at 12.4.2010, see art. 1(2)

I1112

In section 5(2) (divisions of the High Court)—

a

for “Her Majesty may by Order in Council” substitute “The Department of Justice may by order”;

b

for “such Order in Council” substitute “such order”.

Annotations:
Commencement Information
I11

Sch. 18 para. 12 in force at 12.4.2010, see art. 1(2)

I1213

In section 7(4) (further assistance for transaction of judicial business) for “there may be paid” substitute “the Department of Justice shall pay”.

Annotations:
Commencement Information
I12

Sch. 18 para. 13 in force at 12.4.2010, see art. 1(2)

I1314

In section 53A (making of Crown Court rules)—

a

after subsection (1) insert—

1A

For the purposes of this section, “relevant authority” means—

a

in relation to Crown Court rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and

b

otherwise, the Department of Justice;

and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998487.

b

for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;

c

in subsection (3) for “him” substitute “it”;

d

in subsections (5) and (6) for “he” substitute “it”.

Annotations:
Commencement Information
I13

Sch. 18 para. 14 in force at 12.4.2010, see art. 1(2)

I1415

In section 55A (making of rules for High Court and Court of Appeal)—

a

after subsection (1) insert—

1A

For the purposes of this section, “relevant authority” means—

a

in relation to rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and

b

otherwise, the Department of Justice;

and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.

b

for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;

c

in subsections (3), (4) and (5) for “him” substitute “it”;

d

in subsections (5) and (6) for “he” (wherever occurring) substitute “it”.

Annotations:
Commencement Information
I14

Sch. 18 para. 15 in force at 12.4.2010, see art. 1(2)

I1516

In section 56 (control and publication of rules) for subsection (1) substitute—

1

Rules made by the Rules Committee shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954488.

Annotations:
Commencement Information
I15

Sch. 18 para. 16 in force at 12.4.2010, see art. 1(2)

I1617

In section 62 (trial with and without jury)—

a

in subsection (6) for “Her Majesty may by Order in Council” substitute “The Department of Justice may by order”;

b

omit subsection (7).

Annotations:
Commencement Information
I16

Sch. 18 para. 17 in force at 12.4.2010, see art. 1(2)

I1718

In section 68A (duty to secure system to support courts’ business)—

a

in the heading for “Lord Chancellor’s duty” substitute “Department of Justice’s duty”;

b

in subsection (2) for “both Houses of Parliament” substitute “the Northern Ireland Assembly”;

c

after subsection (2) insert—

3

Section 41(3) of the Interpretation Act (Northern Ireland) 1954489 applies for the purposes of subsection (2) in relation to the laying of a report as it applies in relation to the laying of a statutory document under an enactment.

Annotations:
Commencement Information
I17

Sch. 18 para. 18 in force at 12.4.2010, see art. 1(2)

I1819

In section 70 (appointment of statutory officers) after subsection (1B) insert—

1C

Any salary or other amounts payable under subsection (1B) shall be paid by the Department of Justice.

Annotations:
Commencement Information
I18

Sch. 18 para. 19 in force at 12.4.2010, see art. 1(2)

I1920

In section 74(5) (deputies and temporary appointments)—

a

for “The Lord Chancellor may pay” substitute “The Department of Justice shall pay”;

b

for “as he may” substitute “as the Lord Chancellor may”.

Annotations:
Commencement Information
I19

Sch. 18 para. 20 in force at 12.4.2010, see art. 1(2)

I2021

In section 75(8) (Official Solicitor) for “of the State for the purposes of section 1 of the Superannuation Act 1972 (Principal Civil Service Pension Scheme)” substitute “of Northern Ireland for the purposes of Article 3 of the Superannuation (Northern Ireland) Order 1972490”.

Annotations:
Commencement Information
I20

Sch. 18 para. 21 in force at 12.4.2010, see art. 1(2)

I2122

1

In section 78 (accounts of funds in court)—

a

in subsection (1)(b) for “Treasury” substitute “Department of Finance and Personnel”;

b

in subsections (2) and (3) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

c

in subsection (3) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

d

after subsection (4) insert—

5

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a copy of a statement of accounts or report as it applies in relation to the laying of a statutory document under an enactment.

2

Sub-paragraph (1) above does not apply in relation to an accounting period ending before the coming into force of this Order.

Annotations:
Commencement Information
I21

Sch. 18 para. 22 in force at 12.4.2010, see art. 1(2)

I2223

In section 85 (provision for default to be made good) for “Consolidated Fund” substitute “Consolidated Fund of Northern Ireland”.

Annotations:
Commencement Information
I22

Sch. 18 para. 23 in force at 12.4.2010, see art. 1(2)

I2324

In section 97 (civil jurisdiction exercisable by circuit registrars)—

a

in subsection (2) for “Her Majesty may by Order in Council” substitute “The Department of Justice may by order”;

b

in subsection (3)—

i

for “Order in Council” substitute “order”;

ii

for “Her Majesty” substitute “the Department of Justice”;

c

omit subsection (4).

Annotations:
Commencement Information
I23

Sch. 18 para. 24 in force at 12.4.2010, see art. 1(2)

I2425

In section 117A (allowances for judges) for “The Lord Chancellor shall pay” substitute “The Department of Justice shall pay”.

Annotations:
Commencement Information
I24

Sch. 18 para. 25 in force at 12.4.2010, see art. 1(2)

I2526

1

Section 119 (subordinate legislation) (as amended by the Northern Ireland Act 2009491 and the Department of Justice Act (Northern Ireland) 2010492) is amended as follows.

2

For subsections (1) to (3) substitute—

1

Any power conferred by the preceding provisions of this Act on the Department of Justice to make an order or rules or on the Lord Chief Justice to make regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979493.

2

Any statutory rule made under section 2(3), 3(4) or (6), 62(6) or 97(2) is subject to affirmative resolution (within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954494).

3

Any other statutory rule made under this Act by the Department of Justice (except an order under section 68(3) or 116) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

3

In subsection (4)—

a

omit “and any power conferred by this Act to make an Order in Council”;

b

for “or Order in Council by a subsequent order or Order in Council” substitute “by a subsequent order”.

Annotations:
Commencement Information
I25

Sch. 18 para. 26 in force at 12.4.2010, see art. 1(2)

I2627

In section 121(1) (financial provisions) for “government department” substitute “department of the Government of the United Kingdom”.

Annotations:
Commencement Information
I26

Sch. 18 para. 27 in force at 12.4.2010, see art. 1(2)

Civil Jurisdiction and Judgments Act 1982

I2728

Amend the Civil Jurisdiction and Judgments Act 1982495 as follows.

Annotations:
Commencement Information
I27

Sch. 18 para. 28 in force at 12.4.2010, see art. 1(2)

I2829

In section 5(1) (maintenance orders under 1968 Convention)—

a

in paragraph (a) omit “and Northern Ireland”;

b

after paragraph (b) insert—

; and

c

as respects Northern Ireland, by the Department of Justice in Northern Ireland.

Annotations:
Commencement Information
I28

Sch. 18 para. 29 in force at 12.4.2010, see art. 1(2)

I2930

In section 5A(1) (maintenance orders under Lugano Convention)—

a

in paragraph (a) omit “and Northern Ireland”;

b

after paragraph (b) insert—

; and

c

as respects Northern Ireland, by the Department of Justice in Northern Ireland

Annotations:
Commencement Information
I29

Sch. 18 para. 30 in force at 12.4.2010, see art. 1(2)

Administration of Justice Act 1982

I3031

Amend the Administration of Justice Act 1982496 as follows.

Annotations:
Commencement Information
I30

Sch. 18 para. 31 in force at 12.4.2010, see art. 1(2)

I3132

In section 25 (regulations as to deposit and registration of wills)—

a

in subsection (6) for the words from “Parliament” to “accordingly” substitute “the Northern Ireland Assembly after being made”;

b

after subsection (6) insert—

6A

Section 41(3) of the Interpretation Act (Northern Ireland) 1954497 applies for the purposes of subsection (6) in relation to the laying of a statutory rule as it applies in relation to the laying of a statutory document under an enactment.

c

in subsection (7) omit “or (c)”.

Annotations:
Commencement Information
I31

Sch. 18 para. 32 in force at 12.4.2010, see art. 1(2)

I3233

In section 46 (procedure for making regulations etc)—

a

at the end of subsection (1) insert “(subject to subsection (1A))”;

b

after subsection (1) insert—

1A

Where the power is exercisable by a Northern Ireland department it shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979498 subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954499).

Annotations:
Commencement Information
I32

Sch. 18 para. 33 in force at 12.4.2010, see art. 1(2)

I3334

1

After section 48 insert—

48AApplication of Part VI to Northern Ireland

1

In its application to Northern Ireland this Part of this Act shall have effect subject to the following modifications.

2

For any reference to the Lord Chancellor substitute a reference to the Department of Justice in Northern Ireland.

3

For any reference to the Treasury substitute a reference to the Department of Finance and Personnel in Northern Ireland.

4

For any reference to the Consolidated Fund (except the reference in section 39(4A)) substitute a reference to the Consolidated Fund of Northern Ireland.

5

For any reference to moneys provided by Parliament (except the reference in section 39(4A)) substitute a reference to moneys provided by the Northern Ireland Assembly.

6

For the reference in section 45(1) to the Comptroller and Auditor General substitute a reference to the Comptroller and Auditor General for Northern Ireland.

7

For section 42(5) substitute—

5

Shares in a common investment fund—

a

shall be allotted to and held by the Accountant General of the Court of Judicature of Northern Ireland, and

b

may be allotted to and held by any other person authorised by the Department of Justice in Northern Ireland.

8

For section 45(3) substitute—

3

The Comptroller and Auditor General for Northern Ireland shall examine, certify and report on accounts sent to him under subsection (1) above and lay copies of them and his report on them before the Northern Ireland Assembly.

3A

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a copy of accounts or a report as it applies in relation to the laying of a statutory document under an enactment.

2

The following provisions of section 48A (as inserted by sub-paragraph (1) above) do not apply in relation to any accounts that are, in accordance with a direction under section 45(2) given before the coming into force of this Order, required to be prepared for any period ending before the coming into force of this Order—

a

subsection (3) so far as it applies for the purposes of section 45;

b

subsections (6) and (8).

Annotations:
Commencement Information
I33

Sch. 18 para. 34 in force at 12.4.2010, see art. 1(2)

Child Abduction and Custody Act 1985

I3435

Amend the Child Abduction and Custody Act 1985500 as follows.

Annotations:
Commencement Information
I34

Sch. 18 para. 35 in force at 12.4.2010, see art. 1(2)

I3536

In section 3 (Central authorities)—

a

in subsection (1)(a) omit “and in Northern Ireland”;

b

after subsection (1)(b) insert—

; and

c

in Northern Ireland by the Department of Justice in Northern Ireland

c

for subsection (3) substitute—

3

Where any such application relates to a function to be discharged under subsection (1) above by an authority (“the responsible authority”) other than the authority to which the application is addressed, the authority to which the application is addressed shall transmit it to the responsible authority.

Annotations:
Commencement Information
I35

Sch. 18 para. 36 in force at 12.4.2010, see art. 1(2)

I3637

In sections 6, 21 and 23 (reports) after “Lord Chancellor” (wherever occurring) insert “, the Department of Justice in Northern Ireland”.

Annotations:
Commencement Information
I36

Sch. 18 para. 37 in force at 12.4.2010, see art. 1(2)

I3738

In section 14 (Central authorities)—

a

in subsection (1)(a) omit “and in Northern Ireland”;

b

after subsection (1)(b) insert—

; and

c

in Northern Ireland by the Department of Justice in Northern Ireland

c

for subsection (3) substitute—

3

Where any such application relates to a function to be discharged under subsection (1) above by an authority (“the responsible authority”) other than the authority to which the application is addressed, the authority to which the application is addressed shall transmit it to the responsible authority.

Annotations:
Commencement Information
I37

Sch. 18 para. 38 in force at 12.4.2010, see art. 1(2)

I3839

In section 16 (registration of decisions) for subsection (5) substitute—

5

Where an authority mentioned in subsection (1) of section 14 above is requested to assist in making an application under this section to the appropriate court in a part of the United Kingdom (“the relevant part of the United Kingdom”) other than the part in relation to which the authority has functions under that subsection, the authority shall transmit the request to the authority which has functions under that subsection in relation to the relevant part of the United Kingdom.

Annotations:
Commencement Information
I38

Sch. 18 para. 39 in force at 12.4.2010, see art. 1(2)

Multilateral Investment Guarantee Agency Act 1988

I3940

1

Amend the Multilateral Investment Guarantee Agency Act 1988501 as follows.

2

In section 8 (Northern Ireland) after subsection (2) insert—

2A

In section 6—

a

for the reference to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland;

b

for the reference to the making of an order by statutory instrument there shall be substituted a reference to the making of an order by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

Annotations:
Commencement Information
I39

Sch. 18 para. 40 in force at 12.4.2010, see art. 1(2)

Child Support Act 1991

I4041

Amend the Child Support Act 1991502 as follows.

Annotations:
Commencement Information
I40

Sch. 18 para. 41 in force at 12.4.2010, see art. 1(2)

I4142

In paragraph 2 of Schedule 4503 (remuneration of Child Support Commissioners for Northern Ireland)—

a

in sub-paragraph (1)—

i

for “Lord Chancellor may” substitute “Department of Justice shall”;

ii

for “he” substitute “the Lord Chancellor”;

b

in sub-paragraph (2) for “Lord Chancellor” substitute “Department of Justice”.

Annotations:
Commencement Information
I41

Sch. 18 para. 42 in force at 12.4.2010, see art. 1(2)

Social Security Administration Act 1992

I4243

Amend the Social Security Administration Act 1992504 as follows.

Annotations:
Commencement Information
I42

Sch. 18 para. 43 in force at 12.4.2010, see art. 1(2)

I4344

In section 24 (appeal from Commissioners on point of law) after subsection (6) insert—

6A

In the application of this section in relation to Northern Ireland, subsection (6) shall have effect as if for “the Lord Chancellor” there were substituted “the Department of Justice in Northern Ireland”.

6B

Regulations made under this section by the Department of Justice in Northern Ireland shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Annotations:
Commencement Information
I43

Sch. 18 para. 44 in force at 12.4.2010, see art. 1(2)

I4445

1

Amend section 189 (regulations and orders) as follows.

2

At the end of subsection (2) insert “(subject to section 24(6A))”.

3

At the end of subsection (3) insert “(subject to section 24(6B))”.

Annotations:
Commencement Information
I44

Sch. 18 para. 45 in force at 12.4.2010, see art. 1(2)

Social Security Administration (Northern Ireland) Act 1992

I4546

Amend the Social Security Administration (Northern Ireland) Act 1992505 as follows.

Annotations:
Commencement Information
I45

Sch. 18 para. 46 in force at 12.4.2010, see art. 1(2)

I4647

In section 166 (Assembly etc control of orders and regulations)—

a

in subsection (5) omit “the Lord Chancellor,” and omit the words from “(in the case of” to the end;

b

after subsection (5) insert—

5A

All regulations made under this Act by the Department of Justice shall be subject to negative resolution.

Annotations:
Commencement Information
I46

Sch. 18 para. 47 in force at 12.4.2010, see art. 1(2)

Tribunals and Inquiries Act 1992

I4748

1

Amend the Tribunals and Inquiries Act 1992506 as follows.

2

In section 9 (procedure in connection with statutory inquiries) at the end insert—

6

In the application of this section to inquiries held in Northern Ireland, the power to make rules is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor) so far as the power may be used to make Northern Ireland devolved provision.

3

In section 10 (reasons to be given for decisions of tribunals and Ministers) after subsection (8) insert—

9

In relation to—

a

any tribunal specified in Schedule 1 which sits in Northern Ireland, and

b

statutory inquiries held in Northern Ireland,

the power to make an order under subsection (7) or (8) is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and those subsections are to be read accordingly.

4

In section 13 (power to apply Act to additional tribunals etc) after subsection (5) insert—

5A

In relation to Northern Ireland, any power to make an order under this section is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and this section is to be read accordingly.

5

In section 15 (rules and orders), the existing provision becomes subsection (1), and after that subsection insert—

2

Any rules or orders made by the Department of Justice in Northern Ireland under this Act shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979507 and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954508.

6

In section 16(1) (interpretation), at the appropriate place, insert—

  • “Northern Ireland devolved provision” means provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998),

7

In section 16 (interpretation) after subsection (2) insert—

2A

In relation to inquiries or hearings held or to be held in Northern Ireland, the power to make an order under subsection (2) is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and subsection (2) is to be read accordingly.

Annotations:
Commencement Information
I47

Sch. 18 para. 48 in force at 12.4.2010, see art. 1(2)

Judicial Pensions and Retirement Act 1993

I4849

After section 28 of the Judicial Pensions and Retirement Act 1993509 insert—

28ANorthern Ireland

The Lord Chancellor and the Department of Justice in Northern Ireland may make arrangements under which the Department is to make contributions to the cost of the liabilities under this Act for pensions, lump sums or other payments in respect of persons’ service in qualifying judicial office in Northern Ireland.

Annotations:
Commencement Information
I48

Sch. 18 para. 49 in force at 12.4.2010, see art. 1(2)

Arbitration Act 1996

I4950

1

Amend the Arbitration Act 1996510 as follows.

2

In section 105(6) (jurisdiction of High Court and county court) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.

Annotations:
Commencement Information
I49

Sch. 18 para. 50 in force at 12.4.2010, see art. 1(2)

Defamation Act 1996

I5051

Amend the Defamation Act 1996511 as follows.

Annotations:
Commencement Information
I50

Sch. 18 para. 51 in force at 12.4.2010, see art. 1(2)

I5152

In section 9 (meaning of summary relief)—

a

in subsection (3) at the beginning insert “Subject to subsection (4)”;

b

after subsection (3) insert—

4

Any order made by the Department of Justice in Northern Ireland under subsection (1)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979512, and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954513.

Annotations:
Commencement Information
I51

Sch. 18 para. 52 in force at 12.4.2010, see art. 1(2)

I5253

In Schedule 1 (qualified privilege)—

a

in paragraph 15—

i

for sub-paragraph (1)(a) substitute—

a

for England and Wales, by order of the Lord Chancellor,

ii

after sub-paragraph (1)(b) insert—

, and

c

for Northern Ireland, by order of the Department of Justice in Northern Ireland

iii

in sub-paragraph (2) at the beginning insert “Subject to sub-paragraph (3),”;

iv

after sub-paragraph (2) insert—

3

An order under sub-paragraph (1)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

b

in paragraph 17—

i

for sub-paragraph (2)(a) substitute—

a

for England and Wales, by the Lord Chancellor,

ii

after sub-paragraph (2)(b) insert—

, and

c

for Northern Ireland, by the Department of Justice in Northern Ireland

iii

in sub-paragraph (3) at the beginning insert “Subject to sub-paragraph (4),”;

iv

after sub-paragraph (3) insert—

4

An order under sub-paragraph (2)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Annotations:
Commencement Information
I52

Sch. 18 para. 53 in force at 12.4.2010, see art. 1(2)

Damages Act 1996

I5354

Amend the Damages Act 1996514 as follows.

Annotations:
Commencement Information
I53

Sch. 18 para. 54 in force at 12.4.2010, see art. 1(2)

I5455

In section 1 (assumed rate of return on investment of damages) after subsection (5) insert—

6

In the application of this section to Northern Ireland—

a

for the reference to the Lord Chancellor in subsections (1) and (4) there is substituted a reference to the Department of Justice in Northern Ireland; and

b

in subsection (4)—

i

for the reference to the Treasury there is substituted a reference to the Department of Finance and Personnel in Northern Ireland; and

ii

for “by statutory instrument” to “Parliament” there is substituted “by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

Annotations:
Commencement Information
I54

Sch. 18 para. 55 in force at 12.4.2010, see art. 1(2)

I5556

In section 2A (periodical payments: supplementary) in subsection (6)—

a

at the end of paragraph (a) omit “and”;

b

after paragraph (b) insert—

c

a reference to the Lord Chancellor shall be taken as a reference to the Department of Justice in Northern Ireland, and

d

for subsection (3)(a) and (b) of this section there is substituted “shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

Annotations:
Commencement Information
I55

Sch. 18 para. 56 in force at 12.4.2010, see art. 1(2)

I5657

In section 2B (variation of orders and settlements) after subsection (7) insert—

8

In the application of this section to Northern Ireland—

a

a reference to the Lord Chancellor shall be taken as a reference to the Department of Justice in Northern Ireland;

b

in subsection (6)(a) for “statutory instrument” substitute “statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979515”;

c

in subsection (6)(c) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

d

section 41(3) of the Interpretation Act (Northern Ireland) 1954516 applies for the purposes of subsection (6)(c) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Annotations:
Commencement Information
I56

Sch. 18 para. 57 in force at 12.4.2010, see art. 1(2)

Northern Ireland Act 1998

I5758

1

Amend the Northern Ireland Act 1998517 as follows.

2

In paragraph 39(6) of Schedule 10 (devolution issues: bail and legal aid in criminal proceedings) omit “out of money provided by Parliament”.

Annotations:
Commencement Information
I57

Sch. 18 para. 58 in force at 12.4.2010, see art. 1(2)

Tax Credits Act 2002

I5859

Amend the Tax Credits Act 2002518 as follows.

Annotations:
Commencement Information
I58

Sch. 18 para. 59 in force at 12.4.2010, see art. 1(2)

I5960

In section 65(6) (regulations, orders and schemes) after “Lord Chancellor” insert “, the Department of Justice in Northern Ireland”.

Annotations:
Commencement Information
I59

Sch. 18 para. 60 in force at 12.4.2010, see art. 1(2)

Justice (Northern Ireland) Act 2002

I6061

Amend the Justice (Northern Ireland) Act 2002519 as follows.

Annotations:
Commencement Information
I60

Sch. 18 para. 61 in force at 12.4.2010, see art. 1(2)

I6162

In section 9F520 (procedure for reports by Northern Ireland Judicial Appointments Ombudsman)—

a

for subsection (2)(a) and (b) substitute—

a

if the complaint was a Commission complaint, to the First Minister and deputy First Minister and to the Commission;

b

otherwise, to the Lord Chancellor.

b

in subsection (3)(a) for the words from “by the Lord Chancellor” to the end substitute

for changes in the draft report which is made—

i

if the complaint was a Commission complaint, by the First Minister and deputy First Minister acting jointly or by the Commission;

ii

otherwise, by the Lord Chancellor;

c

in subsection (5) for “Lord Chancellor and” substitute “First Minister and deputy First Minister and to”.

Annotations:
Commencement Information
I61

Sch. 18 para. 62 in force at 12.4.2010, see art. 1(2)

I6263

In section 47521 (further provision about functions of Chief Inspector of Criminal Justice)—

a

in subsection (1) omit “, the Lord Chancellor”;

b

in subsection (2) omit paragraph (aa);

c

omit subsections (5A) and (5B).

Annotations:
Commencement Information
I62

Sch. 18 para. 63 in force at 12.4.2010, see art. 1(2)

I6364

In section 49522 (reports by Chief Inspector of Criminal Justice) omit subsection (6).

Annotations:
Commencement Information
I63

Sch. 18 para. 64 in force at 12.4.2010, see art. 1(2)

I6465

In section 50 (Northern Ireland Law Commission) omit subsection (5)(a).

Annotations:
Commencement Information
I64

Sch. 18 para. 65 in force at 12.4.2010, see art. 1(2)

I6566

In section 73 (constitution of Rules Committee)—

a

in subsection (1), in the inserted paragraphs (d), (e) and (f) of section 54(1) of the Judicature (Northern Ireland) Act 1978523, for “Lord Chancellor” substitute “Department of Justice”;

b

in subsection (2), in the amendment of Article 46(1) of the County Courts (Northern Ireland) Order 1980524

i

in the inserted sub-paragraphs (d), (e) and (g) for “Lord Chancellor” substitute “Department of Justice”;

ii

in the inserted sub-paragraph (f) for “the Lord Chancellor” substitute “that Department”.

Annotations:
Commencement Information
I65

Sch. 18 para. 66 in force at 12.4.2010, see art. 1(2)

I6667

1

Amend Schedule 2 (Judicial Appointments Commission) as follows.

2

After paragraph 4(2) insert—

2A

Employment as a member of staff of the Commission is among the kinds of employment to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972525 can apply; and accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—

Employment by the Northern Ireland Judicial Appointments Commission.

3

Omit paragraph 4(3)526 (and the Superannuation Act 1972527 has effect accordingly).

4

Sub-paragraph (3) above does not affect the position of any person under the Superannuation Act 1972 in relation to the person’s employment by the Northern Ireland Judicial Appointments Commission before the coming into force of this Order.

5

Sub-paragraph (6) below applies in relation to a person who immediately before the coming into force of this Order is, by virtue of paragraph 4(3) of Schedule 2 to the Justice (Northern Ireland) Act 2002528, a participant in the principal civil service pension scheme as defined in section 2(10) of the Superannuation Act 1972.

6

In relation to the person’s employment by the Northern Ireland Judicial Appointments Commission after the coming into force of this Order, the person is entitled to be a participant in the principal civil service pension scheme as defined in Article 4(10) of the Superannuation (Northern Ireland) Order 1972529; and the person’s terms and conditions of service have effect accordingly.

7

In paragraph 5—

a

in sub-paragraph (6) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

b

in sub-paragraph (7) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

c

after sub-paragraph (7) insert—

7A

Section 41(3) of the Interpretation Act (Northern Ireland) 1954530 applies for the purposes of sub-paragraph (6) in relation to the laying of a copy of an annual report as it applies in relation to the laying of a statutory document under an enactment.

8

In paragraph 7—

a

in sub-paragraph (2) for “Lord Chancellor directs” substitute “First Minister and deputy First Minister acting jointly direct”;

b

in sub-paragraph (3) for “Lord Chancellor” (in both places) substitute “Office of the First Minister and deputy First Minister”;

c

in sub-paragraphs (3)(b) and (4) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

d

in sub-paragraph (4)(b) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

e

after sub-paragraph (4) insert—

4A

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a statement of accounts or report as it applies in relation to the laying of a statutory document under an enactment.

9

Sub-paragraph (8) above does not apply in relation to a financial year ending before the coming into force of this Order.

Annotations:
Commencement Information
I66

Sch. 18 para. 67 in force at 12.4.2010, see art. 1(2)

I6768

In paragraph 15 of Schedule 3A (reports of Northern Ireland Judicial Appointments Ombudsman)—

a

in sub-paragraph (4) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

b

after sub-paragraph (5) insert—

6

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

Annotations:
Commencement Information
I67

Sch. 18 para. 68 in force at 12.4.2010, see art. 1(2)

Courts Act 2003

I6869

1

Amend the Courts Act 2003531 as follows.

2

In section 102(8) (power to alter judicial titles: Northern Ireland) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.

3

In section 108 (rules, regulations and orders) omit subsection (7)(b).

4

In section 109 (minor and consequential amendments etc) after subsection (8) insert—

9

Any order made by the Department of Justice in Northern Ireland under subsection (4) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979532.

10

No order containing any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act may be made by the Department of Justice in Northern Ireland under subsection (4) unless a draft has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

11

Section 41(3) of the Interpretation Act (Northern Ireland) 1954533 applies for the purposes of subsection (10) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

12

Any other order made by the Department of Justice under subsection (4) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954534).

Annotations:
Commencement Information
I68

Sch. 18 para. 69 in force at 12.4.2010, see art. 1(2)

Extradition Act 2003

I6970

1

Amend the Extradition Act 2003535 as follows.

2

In sections 61 and 134 (costs where discharge ordered) after subsection (8) insert—

9

In relation to proceedings in Northern Ireland (including proceedings in the Supreme Court on an appeal, or on an application for leave to appeal, from proceedings in Northern Ireland)—

a

subsection (5) has effect as if for “out of money provided by Parliament” there were substituted “by the Department of Justice in Northern Ireland”;

b

the power to make regulations under subsection (8)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor).

3

In sections 67(1)(c) and 139(1)(c) (appropriate judge) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”.

4

In section 185(4) (free legal aid: supplementary) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”.

5

In section 223 (orders and regulations)—

a

in subsection (4) after “instrument” insert “(subject to subsection (10))”;

b

after subsection (9) insert—

10

The power of the Department of Justice in Northern Ireland to make regulations under section 61(8)(b) or 134(8)(b) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979536.

11

Regulations made by the Department of Justice are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Annotations:
Commencement Information
I69

Sch. 18 para. 70 in force at 12.4.2010, see art. 1(2)

Justice (Northern Ireland) Act 2004

I7071

1

Amend Schedule 3 to the Justice (Northern Ireland) Act 2004537 (court security) as follows.

2

In paragraph 1(3)(a) for “the Lord Chancellor” substitute “that Department”.

3

In paragraph 1(4) for “Lord Chancellor” substitute “Department of Justice”.

4

In paragraph 3(6)(d) for “the Lord Chancellor” substitute “that Department”.

5

In paragraph 5A(5) for “Lord Chancellor” substitute “Department of Justice”.

6

In paragraph 6(1) for “Lord Chancellor” substitute “Department of Justice”.

Annotations:
Commencement Information
I70

Sch. 18 para. 71 in force at 12.4.2010, see art. 1(2)

Civil Partnership Act 2004

I7172

Amend the Civil Partnership Act 2004538 as follows.

Annotations:
Commencement Information
I71

Sch. 18 para. 72 in force at 12.4.2010, see art. 1(2)

I7273

In section 219 (dissolution etc: power to make provision corresponding to EC Regulation 2201/2003)—

a

in subsection (1)(a) and (b) omit “or Northern Ireland”;

b

after subsection (1) insert—

1A

The Department of Justice in Northern Ireland may by regulations make provision—

a

as to the jurisdiction of courts in Northern Ireland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in such cases as are mentioned in subsection (1)(a), and

b

as to the recognition in Northern Ireland of any such judgment as is mentioned in subsection (1)(b).

c

in subsection (5) after “(1)(b)” insert “, (1A)(b)”;

d

after subsection (6) insert—

6A

Regulations under subsection (1A) are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

6B

No regulations shall be made under subsection (1A) unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.

6C

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Annotations:
Commencement Information
I72

Sch. 18 para. 73 in force at 12.4.2010, see art. 1(2)

I7374

In section 237 (supplementary provisions relating to recognition of dissolution etc)—

a

in subsection (2) after “Lord Chancellor” insert “, the Department of Justice in Northern Ireland”;

b

in subsection (3) after “power” insert “of the Lord Chancellor or the Scottish Ministers”;

c

after subsection (4) insert—

4A

The power of the Department of Justice in Northern Ireland to make regulations under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

4B

Regulations made by the Department of Justice under subsection (2) are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Annotations:
Commencement Information
I73

Sch. 18 para. 74 in force at 12.4.2010, see art. 1(2)

I7475

1

Amend Schedule 15 (financial relief in the High Court or a county court etc: Northern Ireland) as follows.

2

In paragraph 14(4) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

3

In paragraph 23(4) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

4

In paragraph 31(3) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

5

In paragraph 50(5) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

Annotations:
Commencement Information
I74

Sch. 18 para. 75 in force at 12.4.2010, see art. 1(2)

I7576

In paragraph 2(4) of Schedule 16 (financial relief in court of summary jurisdiction: Northern Ireland) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

Annotations:
Commencement Information
I75

Sch. 18 para. 76 in force at 12.4.2010, see art. 1(2)

I7677

In paragraph 14(6) of Schedule 17 (financial relief in Northern Ireland after overseas dissolution etc of civil partnership) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

Annotations:
Commencement Information
I76

Sch. 18 para. 77 in force at 12.4.2010, see art. 1(2)

Constitutional Reform Act 2005

I7778

Amend paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005539 (protected functions of the Lord Chancellor) as follows.

Annotations:
Commencement Information
I77

Sch. 18 para. 78 in force at 12.4.2010, see art. 1(2)

I7879

In Part A omit the entries for—

a

section 25(3)(c) of the Administration of Justice Act 1982540;

b

section 91(3)(c) of the Arbitration Act 1996541.

Annotations:
Commencement Information
I78

Sch. 18 para. 79 in force at 12.4.2010, see art. 1(2)

I7980

In Part B under the heading of the Child Support (Northern Ireland) Order 1991542

a

omit the entries for Articles 25(6)(a) and (7), 26(2)(a), (3)(c) and (5), 48(1) and 51(1);

b

for “Schedule 4, paragraphs 1, 1A, 3A(1) and 4” substitute “Schedule 4, paragraph 4”.

Annotations:
Commencement Information
I79

Sch. 18 para. 80 in force at 12.4.2010, see art. 1(2)

I8081

In Part B omit the entries for—

a

sections 1, 5A and 11(3) of the Coroners Act (Northern Ireland) 1959543;

b

section 19(3) of the Registration of Deeds Act (Northern Ireland) 1970544;

c

sections 53(1)(f) and (2), 54(1), (5) and (6), 56(4), 68(3), (5) and (6), 75(1), (7) and (9), 82(1) and 116(1) and (2) of the Judicature (Northern Ireland) Act 1978545;

d

Article 33(4C) of the Matrimonial Causes (Northern Ireland) Order 1978546;

e

Articles 2(2), 46(1)(d) to (g), 46(4) and (5) and 59 of the County Courts (Northern Ireland) Order 1980547;

f

Articles 6A(3), 10(1), 13(5) and 24(7) of the Magistrates’ Courts (Northern Ireland) Order 1981548;

g

Article 6(2) of the Forfeiture (Northern Ireland) Order 1982549;

h

Article 104(5) of the Mental Health (Northern Ireland) Order 1986550;

i

sections 22(6), 165(2) and 167(1) of, and paragraph 7 of Schedule 2 to, the Social Security Administration (Northern Ireland) Act 1992551;

j

paragraphs 2(1)(g), 6 and 9 of Schedule 2 to the Family Law (Northern Ireland) Order 1993552;

k

Articles 164(5), 181 and 183(3) of the Children (Northern Ireland) Order 1995553;

l

Articles 36(1) and 40(1) and (2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998554;

m

Article 7(8) of the Road Traffic (New Drivers) (Northern Ireland) Order 1998555;

n

Articles 15(12) and (13) and 74(2) of the Social Security (Northern Ireland) Order 1998556;

o

Article 40(7)(b) of the Fair Employment and Treatment (Northern Ireland) Order 1998557;

p

paragraph 20(1) and (6) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000558;

q

sections 2(2), 3(2)(b), 19(4), 50(5) and 51(3) of, and paragraphs 1(2) and (3), 2(3) and (4), 3, 4(1), 5(5) and (6), 6 and 7(2) and (3) of Schedule 2 to, the Justice (Northern Ireland) Act 2002559;

r

paragraph 1(3)(a) of Schedule 3 to the Justice (Northern Ireland) Act 2004560.

Annotations:
Commencement Information
I80

Sch. 18 para. 81 in force at 12.4.2010, see art. 1(2)

Forced Marriage (Civil Protection) Act 2007

I8182

1

Amend paragraph 14 of Schedule 1 to the Forced Marriage (Civil Protection) Act 2007561 (protection against forced marriage: Northern Ireland) as follows.

2

In sub-paragraph (2)(d) for the words from “annulment” to “accordingly)” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.

3

In sub-paragraph (3)(d) for “each House of Parliament” substitute “the Northern Ireland Assembly”.

4

After sub-paragraph (3) insert—

4

Section 41(3) of the Interpretation Act (Northern Ireland) 1954562 applies for the purposes of sub-paragraph (3) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Annotations:
Commencement Information
I81

Sch. 18 para. 82 in force at 12.4.2010, see art. 1(2)

Criminal Justice and Immigration Act 2008

I8283

Amend the Criminal Justice and Immigration Act 2008563 as follows.

Annotations:
Commencement Information
I82

Sch. 18 para. 83 in force at 12.4.2010, see art. 1(2)

I8384

In section 82(4)(a) and (b)(vi) (requests to other member States: Northern Ireland) for “Lord Chancellor” substitute “Department of Justice”.

Annotations:
Commencement Information
I83

Sch. 18 para. 84 in force at 12.4.2010, see art. 1(2)

I8485

In section 83 (procedure on issue of certificate: Northern Ireland)—

a

omit subsection (2);

b

in subsection (3) for the words from the beginning to “those documents” substitute “The Department of Justice must give the documents mentioned in subsection (3A)”;

c

after subsection (3) insert—

3A

The documents are—

a

the certificate;

b

a certified copy of the decision requiring payment of the financial penalty.

d

in subsection (4) for “Lord Chancellor” substitute “Department of Justice”.

Annotations:
Commencement Information
I84

Sch. 18 para. 85 in force at 12.4.2010, see art. 1(2)

I8586

In section 84 (requests from other member States: England and Wales) after subsection (6) insert—

7

Where the documents mentioned in subsection (1)(a) are given to the Lord Chancellor by the Department of Justice under section 90A, this section applies as if the competent authority or central authority of the other member State gave the documents to the Lord Chancellor.

Annotations:
Commencement Information
I85

Sch. 18 para. 86 in force at 12.4.2010, see art. 1(2)

I8687

In section 87 (requests from other member States: Northern Ireland)—

a

in subsections (1), (2), (3), (4) and (6) for “Lord Chancellor” (wherever occurring) substitute “Department of Justice”;

b

after subsection (6) insert—

7

Where the documents mentioned in subsection (1)(a) are given to the Department of Justice by the Lord Chancellor under section 90A, this section applies as if the competent authority or central authority of the other member State gave the documents to the Department of Justice.

Annotations:
Commencement Information
I86

Sch. 18 para. 87 in force at 12.4.2010, see art. 1(2)

I8788

In section 88(1) and (4) (procedure on receipt of certificate by clerk of petty sessions) for “Lord Chancellor” substitute “Department of Justice”.

Annotations:
Commencement Information
I87

Sch. 18 para. 88 in force at 12.4.2010, see art. 1(2)

I8889

In section 89(5) (modification of the Magistrates’ Courts (Northern Ireland) Order 1981564), in the modification of Article 95 of that Order, for “Lord Chancellor” substitute “Department of Justice”.

Annotations:
Commencement Information
I88

Sch. 18 para. 89 in force at 12.4.2010, see art. 1(2)

I8990

In section 90 (transfer of certificates to central authority for Scotland)—

a

in subsection (1)(a) after “Lord Chancellor” insert “or the Department of Justice”;

b

for subsection (1)(b) substitute—

b

the financial penalty is not suitable for enforcement in England and Wales or Northern Ireland for the purposes of section 84(1) or 87(1).

c

in subsection (2) for the words from “Lord Chancellor” to the end substitute

documents must be given to the central authority for Scotland—

a

in a case to which paragraph 6 of Schedule 18 applies, by the Lord Chancellor;

b

in a case to which paragraph 7 of Schedule 18 applies, by the Department of Justice;

c

in any other case, by whoever was given the documents by the competent authority or central authority of the other member State

Annotations:
Commencement Information
I89

Sch. 18 para. 90 in force at 12.4.2010, see art. 1(2)

I9091

After section 90 insert—

90ATransfer of certificates by Department of Justice to Lord Chancellor and vice versa

1

Subsection (2) applies where—

a

the competent authority or central authority of a member State other than the United Kingdom gives the Department of Justice—

i

a certificate requesting enforcement under the Framework Decision on financial penalties, and

ii

the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, or

b

the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in paragraph (a) and the central authority for Scotland, without taking any action to enforce the financial penalty in Scotland, gives the documents to the Department of Justice.

2

The Department of Justice must give the documents to the Lord Chancellor if—

a

it is a case to which paragraph 6 of Schedule 18 applies, or

b

other than by virtue of that paragraph, the financial penalty is suitable for enforcement in England and Wales for the purposes of section 84(1).

3

Subsection (4) applies where—

a

the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—

i

a certificate requesting enforcement under the Framework Decision on financial penalties, and

ii

the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, or

b

the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in paragraph (a) and the central authority for Scotland, without taking any action to enforce the financial penalty in Scotland, gives the documents to the Lord Chancellor.

4

The Lord Chancellor must give the documents to the Department of Justice if—

a

it is a case to which paragraph 7 of Schedule 18 applies, or

b

other than by virtue of that paragraph, the financial penalty is suitable for enforcement in Northern Ireland for the purposes of section 87(1).

Annotations:
Commencement Information
I90

Sch. 18 para. 91 in force at 12.4.2010, see art. 1(2)

I9192

1

Amend section 91 (recognition of financial penalties: general) as follows.

2

After subsection (4) insert—

5

In the application of this section to Northern Ireland, in subsection (3) the reference to the Lord Chancellor is to be read as a reference to the Department of Justice.

Annotations:
Commencement Information
I91

Sch. 18 para. 92 in force at 12.4.2010, see art. 1(2)

I9293

In section 92(1) (interpretation), at the appropriate place, insert—

  • “Department of Justice” means the Department of Justice in Northern Ireland;

Annotations:
Commencement Information
I92

Sch. 18 para. 93 in force at 12.4.2010, see art. 1(2)

I9394

In section 147 (orders, rules and regulations)—

a

after subsection (1) insert—

1A

Orders made by the Department of Justice in Northern Ireland under this Act are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979565.

b

in subsection (2) for “such orders or regulations” substitute “orders or regulations falling within subsection (1) or (1A)”;

c

in subsection (5)(d) omit “, 83(4)”;

d

after subsection (5) insert—

5A

Subject to subsection (5B), orders made by the Department of Justice in Northern Ireland under this Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954566).

5B

Subsection (5A) does not apply to an order made by the Department of Justice containing (whether alone or with other provision) provision under section 83(4) or 91(3) which amends or repeals any provision of an Act; and no such order may be made by the Department unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

5C

Section 41(3) of the Interpretation Act (Northern Ireland) 1954567 applies for the purposes of subsection (5B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Annotations:
Commencement Information
I93

Sch. 18 para. 94 in force at 12.4.2010, see art. 1(2)

I9495

1

Amend Schedule 18 (penalties suitable for enforcement in England and Wales or Northern Ireland) as follows.

2

In paragraph 5—

a

in sub-paragraph (2) for “The” substitute “If the certificate was given to the Lord Chancellor by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Department of Justice under section 90A), the”;

b

after sub-paragraph (3) insert—

4

If the certificate was given to the Department of Justice by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Lord Chancellor under section 90A), the financial penalty is suitable for enforcement in Northern Ireland unless it is suitable for enforcement in England and Wales by virtue of sub-paragraph (5).

5

The financial penalty is suitable for enforcement in England and Wales if the Department of Justice thinks that it is more appropriate for the penalty to be enforced in England and Wales than in Northern Ireland.

3

In paragraph 6—

a

in sub-paragraph (2) after “(3)” insert “or (4)”;

b

in sub-paragraph (3)(a) after “Scotland” insert “or by the Department of Justice under section 90A”;

c

after sub-paragraph (3) insert—

4

This sub-paragraph applies if—

a

the Lord Chancellor was given the certificate by the Department of Justice under section 90A,

b

the Department of Justice was not given the certificate by the central authority for Scotland, and

c

the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in England and Wales.

4

In paragraph 7—

a

in sub-paragraph (2) after “(3)” insert “or (4)”;

b

in sub-paragraph (3)(a) and (b) for “Lord Chancellor” substitute “Department of Justice”;

c

in sub-paragraph (3)(a) after “Scotland” insert “or by the Lord Chancellor under section 90A”;

d

after sub-paragraph (3) insert—

4

This sub-paragraph applies if—

a

the Department of Justice was given the certificate by the Lord Chancellor under section 90A,

b

the Lord Chancellor was not given the certificate by the central authority for Scotland, and

c

the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland.

5

In paragraph 8—

a

in sub-paragraph (2) for “The” substitute “If the certificate was given to the Lord Chancellor by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Department of Justice under section 90A), the”;

b

after sub-paragraph (5) insert—

6

If the certificate was given to the Department of Justice by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Lord Chancellor under section 90A), the financial penalty is suitable for enforcement in Northern Ireland unless—

a

it is suitable for enforcement in England and Wales by virtue of sub-paragraph (7) or (8), or

b

sub-paragraph (9) applies.

7

The financial penalty is suitable for enforcement in England and Wales if—

a

the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

b

the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland or Scotland.

8

The financial penalty is suitable for enforcement in England and Wales if—

a

the Department of Justice was given the certificate by the central authority for Scotland, and

b

the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland.

9

This sub-paragraph applies if—

a

the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

b

the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland or England and Wales.

Annotations:
Commencement Information
I94

Sch. 18 para. 95 in force at 12.4.2010, see art. 1(2)

I9596

In paragraph 7 of Schedule 19 after sub-paragraph (3) insert—

4

In the application of this Schedule to Northern Ireland, in sub-paragraph (3) the reference to the Lord Chancellor is to be read as a reference to the Department of Justice.

Annotations:
Commencement Information
I95

Sch. 18 para. 96 in force at 12.4.2010, see art. 1(2)

Northern Ireland Act 2009

I9697

1

Amend the Northern Ireland Act 2009568 as follows.

2

Omit paragraph 18 of Schedule 4 (amendment of section 119 of the Judicature (Northern Ireland) Act 1978).

Annotations:
Commencement Information
I96

Sch. 18 para. 97 in force at 12.4.2010, see art. 1(2)

PART 2Acts of the Parliament of Northern Ireland

Administration of Justice Act (Northern Ireland) 1954

I9798

1

Amend the Administration of Justice Act (Northern Ireland) 1954569 as follows.

2

In section 14 (power to grant licence for use of courthouse accommodation) omit subsection (2).

3

In sections 19(4) and 20(1), (3) and (5)(ii) (payments) for “Consolidated Fund of the United Kingdom” (wherever occurring) substitute “Consolidated Fund of Northern Ireland”.

Annotations:
Commencement Information
I97

Sch. 18 para. 98 in force at 12.4.2010, see art. 1(2)

Coroners Act (Northern Ireland) 1959

I9899

Amend the Coroners Act (Northern Ireland) 1959570 as follows.

Annotations:
Commencement Information
I98

Sch. 18 para. 99 in force at 12.4.2010, see art. 1(2)

I99100

At the end of section 2(1) (as substituted by paragraph 2(2) of Schedule 4 to the Northern Ireland Act 2009571) (appointment of coroners etc) insert—

Salaries and other amounts payable under this subsection shall be paid by the Department of Justice.

Annotations:
Commencement Information
I99

Sch. 18 para. 100 in force at 12.4.2010, see art. 1(2)

I100101

In section 5 (administrative expenses) for “Parliament of the United Kingdom” substitute “Assembly”.

Annotations:
Commencement Information
I100

Sch. 18 para. 101 in force at 12.4.2010, see art. 1(2)

I101102

In section 36 (rules and fees)—

a

in subsections (1), (1A), (1C) to (1E) and (1G) for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;

b

in subsection (1)(a) for “him” substitute “it”;

c

after subsection (1) insert—

1ZA

For the purposes of this section, “relevant authority” means—

a

in relation to rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and

b

otherwise, the Department of Justice.

d

at the end of subsection (1A) insert “or, in relation to rules falling to be made by the Department of Justice, the Department of Finance and Personnel”;

e

in subsections (1D) and (1E) for “he” substitute “it”;

f

omit subsection (2);

g

after subsection (2) insert—

3

The Department of Justice may with the consent of the Department of Finance and Personnel determine the allowances payable to witnesses under this Act.

4

For the purposes of this section “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998572.

Annotations:
Commencement Information
I101

Sch. 18 para. 102 in force at 12.4.2010, see art. 1(2)

County Courts Act (Northern Ireland) 1959

I102103

Amend the County Courts Act (Northern Ireland) 1959573 as follows.

Annotations:
Commencement Information
I102

Sch. 18 para. 103 in force at 12.4.2010, see art. 1(2)

I103104

In section 106 (salaries and allowances of judges) after subsection (3) insert—

4

Sums payable under subsection (3) are to be paid by the Department of Justice.

Annotations:
Commencement Information
I103

Sch. 18 para. 104 in force at 12.4.2010, see art. 1(2)

I104105

In section 107(7) (deputy judges) for “There shall be paid” substitute “The Department of Justice shall pay”.

Annotations:
Commencement Information
I104

Sch. 18 para. 105 in force at 12.4.2010, see art. 1(2)

I105106

After section 136 insert—

136ACharges on Northern Ireland Consolidated Fund

There shall be charged on and paid out of the Consolidated Fund of Northern Ireland the salaries payable to judges under section one hundred and six.

Annotations:
Commencement Information
I105

Sch. 18 para. 106 in force at 12.4.2010, see art. 1(2)

I106107

Omit section 137 (payments out of voted moneys).

Annotations:
Commencement Information
I106

Sch. 18 para. 107 in force at 12.4.2010, see art. 1(2)

Magistrates’ Courts Act (Northern Ireland) 1964

I107108

1

Amend the Magistrates’ Courts Act (Northern Ireland) 1964574 as follows.

2

In section 12 (remuneration of resident magistrates) after subsection (1) insert—

1A

Subject to section 168(2), sums payable under subsection (1) are to be paid by the Department of Justice.

3

In section 168(2) (expenses) for “Consolidated Fund of the United Kingdom” substitute “Consolidated Fund of Northern Ireland”.

Annotations:
Commencement Information
I107

Sch. 18 para. 108 in force at 12.4.2010, see art. 1(2)

Children and Young Persons Act (Northern Ireland) 1968

I108109

1

Amend the Children and Young Persons Act (Northern Ireland) 1968575 as follows.

2

In paragraph 8(d) of Schedule 2 (constitution of juvenile courts) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I108

Sch. 18 para. 109 in force at 12.4.2010, see art. 1(2)

Registration of Deeds Act (Northern Ireland) 1970

I109110

1

Amend the Registration of Deeds Act (Northern Ireland) 1970576 as follows.

2

In section 19 (regulations)—

a

in subsection (3) omit “of the Lord Chancellor, with the concurrence of the Department of Economic Development,”;

b

omit subsection (4).

Annotations:
Commencement Information
I109

Sch. 18 para. 110 in force at 12.4.2010, see art. 1(2)

PART 3Orders in Council

Family Law Reform (Northern Ireland) Order 1977

I110111

1

Amend the Family Law Reform (Northern Ireland) Order 1977577 as follows.

2

In Article 10(2) (power to provide for manner of giving effect to direction for use of blood tests) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I110

Sch. 18 para. 111 in force at 12.4.2010, see art. 1(2)

Fatal Accidents (Northern Ireland) Order 1977

I111112

1

Amend the Fatal Accidents (Northern Ireland) Order 1977578 as follows.

2

In Article 3A(5) (power to vary sum to be awarded as damages for bereavement) for “The Lord Chancellor may by order made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament,” substitute “The Department of Justice may by order subject to negative resolution”.

Annotations:
Commencement Information
I111

Sch. 18 para. 112 in force at 12.4.2010, see art. 1(2)

Rates (Northern Ireland) Order 1977

I112113

1

Amend the Rates (Northern Ireland) Order 1977579 as follows.

2

In paragraph 7(3) of Schedule 9B (Valuation Tribunal: rules) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I112

Sch. 18 para. 113 in force at 12.4.2010, see art. 1(2)

Matrimonial Causes (Northern Ireland) Order 1978

I113114

1

Amend the Matrimonial Causes (Northern Ireland) Order 1978580 as follows.

2

In Article 26B(2) (pension sharing orders: duty to stay) for the words from “annulment” to “accordingly” substitute “negative resolution”.

3

In Article 27D(2B) (pensions: supplementary) for the words from “annulment” to “accordingly” substitute “negative resolution”.

4

In Article 27E(10) (Pension Protection Fund) for the words from “annulment” to “accordingly” substitute “negative resolution”.

5

In Article 33(4D) (variation etc of certain orders for financial relief) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I113

Sch. 18 para. 114 in force at 12.4.2010, see art. 1(2)

County Courts (Northern Ireland) Order 1980

I114115

Amend the County Courts (Northern Ireland) Order 1980581 as follows.

Annotations:
Commencement Information
I114

Sch. 18 para. 115 in force at 12.4.2010, see art. 1(2)

I115116

In Article 2(2) (interpretation), in the definition of “chief clerk”, for “the Lord Chancellor” substitute “that Department”.

Annotations:
Commencement Information
I115

Sch. 18 para. 116 in force at 12.4.2010, see art. 1(2)

I116117

In Article 22(2) (power to increase civil jurisdiction of county courts) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I116

Sch. 18 para. 117 in force at 12.4.2010, see art. 1(2)

I117118

In Article 47 (making of county court rules)—

a

after paragraph (1) insert—

1A

For the purposes of this Article, “relevant authority” means—

a

in relation to county court rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and

b

otherwise, the Department of Justice;

and for the purposes of this paragraph “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998582.

b

for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;

c

in paragraph (4) for “him” substitute “it”;

d

in paragraphs (6) and (8) for “he” substitute “it”.

Annotations:
Commencement Information
I117

Sch. 18 para. 118 in force at 12.4.2010, see art. 1(2)

I118119

In Article 67 (financial provisions) for “the Parliament of the United Kingdom” substitute “the Assembly”.

Annotations:
Commencement Information
I118

Sch. 18 para. 119 in force at 12.4.2010, see art. 1(2)

Domestic Proceedings (Northern Ireland) Order 1980

I119120

1

Amend the Domestic Proceedings (Northern Ireland) Order 1980583 as follows.

2

In Article 4(4) (powers of court to make orders for financial provision) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I119

Sch. 18 para. 120 in force at 12.4.2010, see art. 1(2)

Judgments Enforcement (Northern Ireland) Order 1981

I120121

Amend the Judgments Enforcement (Northern Ireland) Order 1981584 as follows.

Annotations:
Commencement Information
I120

Sch. 18 para. 121 in force at 12.4.2010, see art. 1(2)

I121122

In Article 2(2) (interpretation)—

a

in the definition of “the Chief Enforcement Officer” for “the Lord Chancellor” substitute “that Department”;

b

in the definition of “enforcement officer” for “the Lord Chancellor” substitute “that Department”.

Annotations:
Commencement Information
I121

Sch. 18 para. 122 in force at 12.4.2010, see art. 1(2)

I122123

In Article 5(2) (power to apply Order to other judgments) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I122

Sch. 18 para. 123 in force at 12.4.2010, see art. 1(2)

I123124

For Article 7(1) (Enforcement of Judgments Office) substitute—

1

The Department of Justice shall continue to maintain the Office within that department.

Annotations:
Commencement Information
I123

Sch. 18 para. 124 in force at 12.4.2010, see art. 1(2)

I124125

In Article 72(5) (attachment of moneys in a bank or other deposit-taking institution) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I124

Sch. 18 para. 125 in force at 12.4.2010, see art. 1(2)

I125126

In Article 72A(4) (clerical and administrative costs of garnishees) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I125

Sch. 18 para. 126 in force at 12.4.2010, see art. 1(2)

I126127

In Article 124 (conduct of prosecutions) for “the Lord Chancellor” substitute “that Department”.

Annotations:
Commencement Information
I126

Sch. 18 para. 127 in force at 12.4.2010, see art. 1(2)

I127128

In Article 141(3) (Judgment Enforcement Rules) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I127

Sch. 18 para. 128 in force at 12.4.2010, see art. 1(2)

I128129

In Article 142 (financial provision) for “the Parliament of the United Kingdom” substitute “the Assembly”.

Annotations:
Commencement Information
I128

Sch. 18 para. 129 in force at 12.4.2010, see art. 1(2)

Magistrates’ Courts (Northern Ireland) Order 1981

I130131

Amend the Magistrates’ Courts (Northern Ireland) Order 1981586 as follows.

Annotations:
Commencement Information
I130

Sch. 18 para. 131 in force at 12.4.2010, see art. 1(2)

I131132

In Article 6A(5) (costs in legal proceedings) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I131

Sch. 18 para. 132 in force at 12.4.2010, see art. 1(2)

I132133

In Article 13 (magistrates’ courts rules)—

a

after paragraph (3) insert—

3ZA

For the purposes of paragraphs (3A) to (3D), “relevant authority” means—

a

in relation to magistrates’ courts rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and

b

otherwise, the Department of Justice;

and for the purposes of this paragraph “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998587.

b

in paragraphs (3A) and (3D) for “Lord Chancellor” substitute “relevant authority”;

c

in paragraph (3B)—

i

for “Lord Chancellor” substitute “relevant authority”;

ii

for “he” substitute “it”.

Annotations:
Commencement Information
I132

Sch. 18 para. 133 in force at 12.4.2010, see art. 1(2)

I133134

In Article 24(7) (non-appearance of accused: plea of guilty) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I133

Sch. 18 para. 134 in force at 12.4.2010, see art. 1(2)

I134135

In Article 85(12) (orders for periodical payment: means of payment) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I134

Sch. 18 para. 135 in force at 12.4.2010, see art. 1(2)

I135136

In Article 86A(6) (interest on arrears) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I135

Sch. 18 para. 136 in force at 12.4.2010, see art. 1(2)

I136137

In Articles 139(1) and (3) and 151(2) (payments) (wherever occurring) for “Consolidated Fund of the United Kingdom” substitute “Consolidated Fund of Northern Ireland”.

Annotations:
Commencement Information
I136

Sch. 18 para. 137 in force at 12.4.2010, see art. 1(2)

I137138

In Article 150(1) and (2) (abandonment of appeal to county court or by way of case stated) for “the Lord Chancellor” substitute “that Department”.

Annotations:
Commencement Information
I137

Sch. 18 para. 138 in force at 12.4.2010, see art. 1(2)

I138139

In Article 167(2) (expenses) for “Lord Chancellor in performing his functions” substitute “Department of Justice in performing its functions”.

Annotations:
Commencement Information
I138

Sch. 18 para. 139 in force at 12.4.2010, see art. 1(2)

Matrimonial and Family Proceedings (Northern Ireland) Order 1989

I139140

1

Amend the Matrimonial and Family Proceedings (Northern Ireland) Order 1989588 as follows.

2

In Article 25(5) (application to certain orders of certain provisions of Part 3 of the principal Order) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I139

Sch. 18 para. 140 in force at 12.4.2010, see art. 1(2)

Insolvency (Northern Ireland) Order 1989

I140141

Amend the Insolvency (Northern Ireland) Order 1989589 as follows.

Annotations:
Commencement Information
I140

Sch. 18 para. 141 in force at 12.4.2010, see art. 1(2)

I141142

1

Amend Article 359 (insolvency rules) as follows.

2

In paragraphs (1) and (2)(d) for “Lord Chancellor” substitute “Department of Justice”.

3

In paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I141

Sch. 18 para. 142 in force at 12.4.2010, see art. 1(2)

I142143

In Article 360(1) (committee to review rules under Article 359) for “Lord Chancellor” substitute “Department of Justice”.

Annotations:
Commencement Information
I142

Sch. 18 para. 143 in force at 12.4.2010, see art. 1(2)

I143144

In Article 364 (insolvent partnerships)—

a

in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

b

in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I143

Sch. 18 para. 144 in force at 12.4.2010, see art. 1(2)

I144145

In Article 365 (insolvent estates of deceased persons)—

a

in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

b

in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I144

Sch. 18 para. 145 in force at 12.4.2010, see art. 1(2)

I145146

1

In this paragraph “relevant function” means a function under Article 359 conferred by virtue of—

a

section 134 or 167 of the Banking Act 2009590, or

b

article 17 of the Building Societies (Insolvency and Special Administration) Order 2009591.

2

Any relevant function of the Lord Chancellor is transferred to the Department of Justice.

3

Any relevant function of the Treasury is transferred to the Department of Finance and Personnel in Northern Ireland.

Annotations:
Commencement Information
I145

Sch. 18 para. 146 in force at 12.4.2010, see art. 1(2)

Child Support (Northern Ireland) Order 1991

I146147

Amend the Child Support (Northern Ireland) Order 1991592 as follows.

Annotations:
Commencement Information
I146

Sch. 18 para. 147 in force at 12.4.2010, see art. 1(2)

I147148

In Article 48(1) (regulations and orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I147

Sch. 18 para. 148 in force at 12.4.2010, see art. 1(2)

I148149

In paragraph 4 of Schedule 4 (pensions of Child Support Commissioners)—

a

for “Lord Chancellor may” substitute “Department of Justice shall”;

b

for “as he may” substitute “as the Lord Chancellor may”.

Annotations:
Commencement Information
I148

Sch. 18 para. 149 in force at 12.4.2010, see art. 1(2)

Family Law (Northern Ireland) Order 1993

I149150

1

Amend the Family Law (Northern Ireland) Order 1993593 as follows.

2

For Article 12(4) (family proceedings rules) substitute—

4

Family proceedings rules shall be subject to negative resolution.

Annotations:
Commencement Information
I149

Sch. 18 para. 150 in force at 12.4.2010, see art. 1(2)

Children (Northern Ireland) Order 1995

I150151

1

Amend the Children (Northern Ireland) Order 1995594 as follows.

2

In Article 183 (regulations and orders) for paragraph (3) substitute—

3

Orders under this Order made by the Department of Justice shall be subject to negative resolution.

Annotations:
Commencement Information
I150

Sch. 18 para. 151 in force at 12.4.2010, see art. 1(2)

Juries (Northern Ireland) Order 1996

I151152

1

Amend the Juries (Northern Ireland) Order 1996595 as follows.

2

In Article 2(2) (interpretation), in the definition of “Juries Officer”, for “the Lord Chancellor” substitute “that Department”.

3

In Article 27(2) (juror’s oath) for the words from “annulment” to “accordingly” substitute “negative resolution”.

4

In Article 30(2) (regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

5

In Schedule 2 (persons ineligible for jury service) after the entry for “Officers of the Northern Ireland Office or of the Lord Chancellor’s Department” insert the following entry—

Officers of the Department of Justice

Annotations:
Commencement Information
I151

Sch. 18 para. 152 in force at 12.4.2010, see art. 1(2)

Road Traffic Offenders (Northern Ireland) Order 1996

I152153

1

Amend the Road Traffic Offenders (Northern Ireland) Order 1996596 as follows.

2

In Article 91 (procedure for making regulations and orders)—

a

in paragraph (2) omit “Subject to paragraph (3),”;

b

omit paragraph (3).

Annotations:
Commencement Information
I152

Sch. 18 para. 153 in force at 12.4.2010, see art. 1(2)

Family Homes and Domestic Violence (Northern Ireland) Order 1998

I153154

1

Amend the Family Homes and Domestic Violence (Northern Ireland) Order 1998597 as follows.

2

In Article 40(1) (orders and regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I153

Sch. 18 para. 154 in force at 12.4.2010, see art. 1(2)

Social Security (Northern Ireland) Order 1998

I154155

1

Amend the Social Security (Northern Ireland) Order 1998598 as follows.

2

In Article 75(4) (Assembly etc control of regulations) for the words from “Lord Chancellor” to “accordingly” substitute “Department of Justice shall be subject to negative resolution”.

Annotations:
Commencement Information
I154

Sch. 18 para. 155 in force at 12.4.2010, see art. 1(2)

Access to Justice (Northern Ireland) Order 2003

I155156

Amend the Access to Justice (Northern Ireland) Order 2003599 as follows.

Annotations:
Commencement Information
I155

Sch. 18 para. 156 in force at 12.4.2010, see art. 1(2)

I156157

In Articles 11(4) (funding of services), 16(2), (4), (5), (6) and (8)(a) (procedure relating to funding code), 22(6) and (8) (criminal defence services: code of conduct) and 46(5) (orders, regulations and directions) and in paragraphs 15(3) and 16(4) and (6) of Schedule 1 (Northern Ireland Legal Services Commission) for “each House of Parliament” substitute “the Assembly”.

Annotations:
Commencement Information
I156

Sch. 18 para. 157 in force at 12.4.2010, see art. 1(2)

I157158

In Article 16 (procedure relating to funding code)—

a

for paragraph (7) substitute—

7

Where the Department of Justice considers that it is desirable for a revised version of the code containing such changes to come into force without delay, it may (when laying the revised version before the Assembly) also lay before the Assembly a statement of its reasons for so considering.

b

in paragraph (8)(b) for “each House” substitute “the Assembly”.

Annotations:
Commencement Information
I157

Sch. 18 para. 158 in force at 12.4.2010, see art. 1(2)

I158159

In Article 46 (orders, regulations and directions) in paragraph (6) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I158

Sch. 18 para. 159 in force at 12.4.2010, see art. 1(2)

I159160

1

In paragraph 17 of Schedule 1 (Northern Ireland Legal Services Commission: account and audit)—

a

for “Lord Chancellor” (wherever occurring) substitute “Department of Justice”;

b

in sub-paragraph (2) for “Treasury” substitute “Department of Finance and Personnel”;

c

for “Comptroller and Auditor General” (wherever occurring) substitute “Comptroller and Auditor General for Northern Ireland”;

d

in sub-paragraph (5) for “each House of Parliament” substitute “the Assembly”.

2

Sub-paragraph (1) above does not apply in relation to a financial year ending before the coming into force of this Order.

Annotations:
Commencement Information
I159

Sch. 18 para. 160 in force at 12.4.2010, see art. 1(2)

I160161

In Schedule 3 (transitional provision and savings)—

a

in paragraph 4(7) for “Parliament” substitute “the Assembly”;

b

in paragraph 5(6) for “Parliament” substitute “the Assembly”.

Annotations:
Commencement Information
I160

Sch. 18 para. 161 in force at 12.4.2010, see art. 1(2)

Insolvency (Northern Ireland) Order 2005

I161162

Amend the Insolvency (Northern Ireland) Order 2005600 as follows.

Annotations:
Commencement Information
I161

Sch. 18 para. 162 in force at 12.4.2010, see art. 1(2)

I162163

In Article 24 (disqualification for office: general) for paragraph (7) substitute—

7

An order by virtue of paragraph (5)(d) made by—

a

the Department of Justice; or

b

any other Northern Ireland department with the concurrence of the Department of Justice,

may provide for a discretion to be subject to appeal to a specified court or tribunal.

Annotations:
Commencement Information
I162

Sch. 18 para. 163 in force at 12.4.2010, see art. 1(2)

Traffic Management (Northern Ireland) Order 2005

I163164

1

Amend the Traffic Management (Northern Ireland) Order 2005601 as follows.

2

In Article 46 (regulations)—

a

in paragraph (1) omit “Subject to paragraph (2),”;

b

omit paragraph (2).

Annotations:
Commencement Information
I163

Sch. 18 para. 164 in force at 12.4.2010, see art. 1(2)

Criminal Justice (Northern Ireland) Order 2008

I166167

1

Amend the Criminal Justice (Northern Ireland) Order 2008604 as follows.

2

Omit Article 61(10) (experimental period for alcohol ignition interlock programme orders).

Annotations:
Commencement Information
I166

Sch. 18 para. 167 in force at 12.4.2010, see art. 1(2)

PART 4Acts of the Northern Ireland Assembly

Child Support, Pensions and Social Security Act (Northern Ireland) 2000

I167168

1

Amend the Child Support, Pensions and Social Security Act (Northern Ireland) 2000605 as follows.

2

In paragraph 20(6) of Schedule 7 (housing benefit: revisions and appeals) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I167

Sch. 18 para. 168 in force at 12.4.2010, see art. 1(2)

Charities Act (Northern Ireland) 2008

I168169

Amend the Charities Act (Northern Ireland) 2008606 as follows.

Annotations:
Commencement Information
I168

Sch. 18 para. 169 in force at 12.4.2010, see art. 1(2)

I169170

In section 13 (Charity Tribunal: practice and procedure)—

a

for “Lord Chancellor” (wherever occurring) substitute “Department of Justice”;

b

in subsection (8) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I169

Sch. 18 para. 170 in force at 12.4.2010, see art. 1(2)

I170171

In paragraph 6 of Schedule 2 (Charity Tribunal: staff and facilities) for “Lord Chancellor” substitute “Department of Justice”.

Annotations:
Commencement Information
I170

Sch. 18 para. 171 in force at 12.4.2010, see art. 1(2)

Pensions (No. 2) Act (Northern Ireland) 2008

I171172

Amend Schedule 5 to the Pensions (No. 2) Act (Northern Ireland) 2008607 (pension compensation on divorce etc) as follows.

Annotations:
Commencement Information
I171

Sch. 18 para. 172 in force at 12.4.2010, see art. 1(2)

I172173

In paragraph 3, in the inserted Article 26E of the Matrimonial Causes (Northern Ireland) Order 1978 608

a

in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

b

in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I172

Sch. 18 para. 173 in force at 12.4.2010, see art. 1(2)

I173174

In paragraph 7, in the inserted Article 27G of the Matrimonial Causes (Northern Ireland) Order 1978—

a

in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

b

in paragraph (3) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Annotations:
Commencement Information
I173

Sch. 18 para. 174 in force at 12.4.2010, see art. 1(2)

I174175

In paragraph 15, in the inserted paragraph 14E of Schedule 15 to the Civil Partnership Act 2004609

a

in sub-paragraph (2) for “Lord Chancellor” substitute “Department of Justice”;

b

in sub-paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954610)”.